Unwanted pregnancy: the outer boundary of "treatment injury" in the New Zealand accident compensation scheme
Tobin, R.
Journal of Law and Medicine 23(1): 204-217
2015
ISSN/ISBN: 1320-159X PMID: 26554207 Document Number: 679683
The New Zealand accident compensation scheme has undergone many changes over the years and these changes are reflected in the way unwanted pregnancy claims have been dealt with under the regime. The New Zealand Supreme Court has now confirmed that pregnancy as a result of medical misadventure can be classified as a personal injury under the scheme with the result that the woman patient is entitled to the benefits of the scheme and may not pursue a common law claim against the medical practitioner. This article analyses two recent decisions in the context of consideration of the changing fortunes of the unwanted pregnancy claims.